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Definition of Duty

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So the four elements of a tort

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or a civil lawsuit for negligence, um, at, at duty,

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breach, causation, and harm.

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So let's break those down. The first one is duty.

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And duty simply is whether

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or not you have established a professional

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relationship with the patient.

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And that can be any number of ways you've

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provided care to that patient.

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You've had a consult, a formal consult with that patient.

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Um, you've performed a procedure,

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you've seen them in the clinic

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or the hospital, um, something like that.

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So that's a pretty easy box for me

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as a plaintiff's lawyer to check off.

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And, you know, if I have a bill from you,

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if I have a medical record from you,

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if I've got a patient saying they've come in to see you,

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and they've got a record of it,

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that box gets checked really easily.

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So that's one that you, we usually move fast

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or move past pretty quickly.

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For a radiologist, the duty is with respect

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to writing a report on the study, that usually is

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how we define the duty in our experience.

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Kelly P. Yousem, JD

Plaintiff’s Attorney

Stephen D. Brown, MD, FACR, HEC-C

Associate Professor of Radiology (Part-time)

Boston Children's Hospital and Harvard Medical School

Tags

Non-Clinical